STATE OF MAHARASHTRA Vs. MOHAMMAD YUSUF NOORMOHAMMED

JUDGEMENT

(1.) Heard Shri A.S. Bobade, the learned Advocate General for the petitioner-State, Shri S.V. Bhat, the learned Counsel for respondent No. 1, Shri K.Z.N. Jahangir, the learned Counsel for respondent No. 2 and Shri K.M. Desai, the learned Counsel for respondent No. 3.

(2.) An age old difference in the philosophy accepted and propagated by two sects of a Community once again came on the surface which not only caused any ripples and disturbed that atmosphere but unfortunately took a disproportionate turn and twist resulting in communal riots in some localities of this metropolis. After some hectic events there came the silver lining when peace and harmony was being restored, which however is likely to be once again disturbed and the old scar is once again likely to bleed according to the assessment of the State on account of filing of two private criminal prosecutions arising out of the same incident by two citizens. Against this backdrop the State though not directly in the arena as not having been impleaded in the said proceeding have moved this Court invoking inherent jurisdiction under section 482 of the Criminal Procedure Code for quashing of the said two complaints even though filed by private citizens. This in short is the foundation of this proceeding which even at this state has raised a substantial contest which takes within its fold several assorted questions some of which would even tend to touch the larger issues of public importance and the construction of some of the provisions procedural law including the maintainability, the propriety as also the legality of this proceeding. Even though the petition is posted for admission, still in view of the contested debate and advancing of arguments on several counts it is thought desirable to record a speaking order which to some extent is bound to be elaborate more so when both side have suggested for such a course so that the thrust of the controversy can well be appreciated.

(3.) Certain localities in this metropolis such as Daboo Street, Saifeejubillee Street, Dongri, Pydhonie, etc. are mainly inhabited by the people belonging to Sunni Muslims and Dawoodi Bohras the letter being a sub-sect of Shiyas. The third respondent No. 3 herein is the religious head of the said sub-sect of Dawoodi Bohras. He is aged about 77 years and is regarded as the 52nd Missionary in the line of Successors and has large followers. In the series the first event occurred on August 19, 1988 in the afternoon. The Sunni Muslims offering the Friday prayers which are considered as important in the Masjid which adjoins to Saifee mosque which was the centre for discourse by respondent No. 3 to his followers. Those sermons were delivered through loud-speakers which were directed and turned the mosque of Sunnis which disturbed their prayers. This entailed in some agitation when the third respondent was cautioned to tone down not to disturb. Though there was ostensible lull it was short lived because of the event that occurred on 22nd of August, 1988.